If you’ve been involved in an accident with a drunk motorcycle rider in Texas, you may be wondering what steps to take to seek justice and compensation for your injuries. Filing a lawsuit against a drunk driver can be a complex process, but with the right guidance, you can navigate the legal system and achieve a successful outcome.

In this step-by-step guide, we’ll walk you through the process of filing a drunk driver lawsuit against a motorcycle rider in Texas. From gathering essential evidence to understanding the legal requirements, we’ll provide you with the knowledge and resources you need to build a strong case.

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Whether you’re a victim seeking justice or a concerned party looking to support a loved one, this guide will give you the confidence to pursue a drunk driver lawsuit against a motorcycle rider in Texas. Let’s begin this journey toward justice together.

Understanding the basics of drunk driving accidents

Drunk driving accidents can have devastating consequences, and understanding the basics of these accidents will help you navigate the legal process more effectively. In Texas, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This legal limit applies to both motor vehicle drivers and motorcycle riders.

Drunk driving accidents involving motorcycles can be particularly dangerous due to the lack of protection for riders. Motorcycles offer little to no protection in the event of a collision, making injuries more severe. It is crucial to understand the unique challenges and considerations involved in filing a lawsuit against a drunk motorcycle rider.

To establish liability in a drunk driving accident case, you must prove that the motorcycle rider was operating the vehicle while under the influence of alcohol, and their intoxication directly caused the accident and resulting injuries. This requires gathering sufficient evidence to support your claim.

Determining liability in a drunk driving accident involving a motorcycle

Determining liability in a drunk driving accident involving a motorcycle is a complex process that requires a thorough investigation. While it may seem obvious that the intoxicated motorcycle rider is solely at fault, other factors could contribute to the accident. For example, if the accident occurred due to a defect in the motorcycle or negligence on the part of another driver, multiple parties may share liability.

To determine liability, you need to gather evidence that establishes the motorcycle rider’s intoxication and proves their negligence. This evidence can include police reports, witness statements, photographs of the accident scene, and any available video footage. Additionally, hiring an experienced personal injury attorney who specializes in drunk driving cases can greatly assist in determining liability and building a strong case.

Gathering evidence to support your drunk driver lawsuit

Gathering evidence is crucial to support your drunk driver lawsuit against a motorcycle rider. The evidence you collect will help establish liability and prove the extent of your injuries and damages. Here are some key pieces of evidence to gather:

1. Police Reports: Immediately after the accident, contact the police and file a report. The police report will document important details about the accident, including the motorcycle rider’s intoxication, any traffic violations, and statements from witnesses.

2. Witness Statements: Talk to any witnesses present at the scene of the accident and ask for their contact information. Their statements can provide valuable insight into the events leading up to the crash and support your claim.

3. Photographs and Videos: Take photographs and videos of the accident scene, including the positions of the vehicles involved, any visible injuries, and any other relevant details. These visual records can serve as powerful evidence in court.

4. Medical Records: Seek medical attention as soon as possible after the accident, even if you don’t feel immediate pain. Medical records documenting your injuries, treatment, and associated costs are essential in establishing the extent of your damages.

By gathering strong evidence, you increase your chances of building a compelling case against the drunk motorcycle rider and securing the compensation you deserve.

Filing a police report and obtaining witness statements

After a drunk driving accident involving a motorcycle, it is crucial to file a police report as soon as possible. Contact the local law enforcement agency and provide them with accurate and detailed information about the accident. The police report will serve as an official document that records crucial details, such as the date, time, and location of the accident, the parties involved, and any citations issued.

In addition to filing a police report, obtaining witness statements can significantly strengthen your case. If there were any witnesses present at the scene, approach them politely and ask if they would be willing to provide a statement. Their statements can confirm important details and provide unbiased accounts of the accident.

To obtain witness statements, ask witnesses for their contact information and schedule a time to speak with them. Make sure to ask open-ended questions and allow witnesses to share their observations without interruption. Document the statements accurately and keep them in a safe place for future reference.

Seeking medical attention and documenting your injuries

Seeking immediate medical attention after a drunk driving accident is crucial for your health and for building a strong drunk driver lawsuit. Even if you feel fine initially, some injuries may not manifest symptoms until later. By seeking medical attention, you can ensure that any injuries are properly diagnosed and treated, and your medical records will serve as crucial evidence in your case.

When visiting a healthcare professional, be sure to mention that you were involved in a drunk driving accident. They will conduct a thorough examination, order any necessary tests, and document your injuries and treatment plan. It’s important to follow all medical advice and attend all follow-up appointments to establish a clear record of your injuries.

In addition to medical records, documenting your injuries through photographs is essential. Take pictures of any visible injuries, such as cuts, bruises, or broken bones. These photographs provide visual evidence of the harm you have suffered due to the accident.

Hiring a personal injury attorney experienced in drunk driving cases

Navigating the legal process of a drunk driver lawsuit can be overwhelming, especially if you are dealing with injuries and emotional distress. Hiring a personal injury attorney experienced in drunk driving cases is crucial to ensure that your rights are protected and that you receive the compensation you deserve.

A skilled attorney will have a deep understanding of the laws and regulations surrounding drunk driving accidents in Texas. They will guide you through every step of the legal process, from investigating the accident to negotiating a settlement or representing you in court. Their expertise and experience will significantly increase your chances of a favorable outcome.

When hiring a personal injury attorney, look for someone who specializes in drunk driving cases and has a proven track record of success. Schedule consultations with multiple attorneys to find the one who best understands your situation and with whom you feel comfortable working.

Calculating damages in a drunk driver lawsuit

Calculating damages in a drunk driver lawsuit is a complex process that requires careful consideration of various factors. Damages can be divided into two main categories: economic and non-economic.

Economic damages include tangible losses such as medical expenses, property damage, lost wages, and future medical costs. These damages are relatively easy to calculate based on bills, receipts, and expert opinions.

Non-economic damages are more subjective and cover intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages are more challenging to quantify and often require the expertise of a personal injury attorney to determine a fair amount.

To calculate damages accurately, gather all relevant documents, including medical bills, pay stubs, and receipts. Consult with your attorney to ensure that all potential damages are considered, and work together to arrive at a fair and reasonable amount.

Initiating the lawsuit and serving the defendant

After gathering all necessary evidence and calculating damages, it’s time to initiate the lawsuit against the drunk motorcycle rider. To do so, you or your attorney will need to file a complaint with the appropriate court. The complaint outlines the details of the accident, the injuries sustained, and the damages sought.

Once the complaint is filed, it must be served to the defendant. In Texas, the defendant must be served within a specific timeframe and in accordance with legal requirements. This ensures that the defendant is aware of the lawsuit and has an opportunity to respond.

Serving the defendant can be done through a process server or a sheriff’s deputy, who will deliver the complaint and any other relevant documents to the defendant. It is crucial to follow the correct procedures to avoid any delays or complications in the legal process.

Negotiating a settlement or proceeding to trial

After the defendant has been served, the legal process moves forward, and you have two options: negotiating a settlement or proceeding to trial.

In many cases, parties involved in a drunk driving lawsuit choose to negotiate a settlement to avoid the time, cost, and uncertainty of a trial. Your attorney will engage in settlement negotiations with the defendant’s legal representation, aiming to reach a fair agreement that compensates you for your injuries and damages.

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present evidence and arguments to the court, and a judge or jury will ultimately decide the outcome. Trials can be lengthy and complex, but with a skilled attorney by your side, you can present a strong case and increase your chances of success.

Conclusion: Seeking justice and compensation for your injuries

Filing a drunk driver lawsuit against a motorcycle rider in Texas is a challenging process, but with the right guidance, you can seek justice and compensation for your injuries. By understanding the basics of drunk driving accidents, determining liability, gathering evidence, and working with an experienced personal injury attorney, you can navigate the legal system effectively.

Remember to seek immediate medical attention, document your injuries, and calculate damages accurately. Initiate the lawsuit by filing a complaint and serving the defendant, and consider negotiating a settlement or proceeding to trial based on your specific circumstances.

Seeking justice and compensation for your injuries is your right, and with determination and the right resources, you can hold the drunk motorcycle rider accountable for their actions. Together, let’s work towards a safer and more just community.

Motorcycles are much more than a means of conveyance for many Americans. Motorcycling is a hobby enjoyed all over the country, and while it can be extremely fun to feel the wind as you ride, riders must be aware of the inherent dangers of riding motorcycles. Unlike typical passenger vehicles, motorcycles afford their riders with very little protection from impacts and other external forces. Motorcycle riders must use extra caution on the road and keep a few best practices in mind. Motorcycle accidents happen for a variety of reasons, but one of the main contributing factors to any type of accident is the size of most motorcycles. They are smaller and narrower than other vehicles and can easily slip through other driver’s blind spots. About 56% of all motorcycle accident deaths result from motorcycles colliding with larger vehicles, and this can occur in countless possible scenarios. However, some situations are far more dangerous than others. Consider the following tips and scenarios for staying safe while riding your motorcycle.

Head-On Collisions

One of the most fatal types of accidents is when a motorcyclist hits another vehicle head-on. Most head-on collisions involving motorcycles and larger vehicles happen when the car strikes the motorcycle from the front. These crashes are usually fatal for the motorcyclist.

Left-Turning Cars

Statistically, the most dangerous situations for motorcycles on the road are when larger vehicles make left-hand turns. Cars turning left typically strike motorcyclists when the motorcycle is continuing straight through the intersection as the car turns or when the motorcyclist attempts to pass or overtake a left-turning car. These situations are also dangerous for other cars, but motorcycles are especially vulnerable due to their smaller size and because they are less visible.

Lane Splitting

Some motorcyclists engage in a practice called lane splitting – when a motorcyclist maneuvers between two lanes of slower or stopped traffic. Some states do not have any laws barring the practice, so if a lane splitting accident occurs, the state’s laws will come into play in a subsequent lawsuit. Lane splitting is NOT legal in the state of Texas.

Road Hazards

Motorcycles typically have high acceleration and a fair range of maneuverability, but they can’t always react fast enough to avoid serious hazards on the road. Additionally, while a car may be able to run over a piece of road debris and barely feel the bump, the same piece of debris could spell doom for a motorcyclist. Motorcyclists must stay focused on the road ahead and give themselves an appropriate window to maneuver.

The Need for Speed

Motorcycles, especially sport and high-performance bikes, may inherently tempt their owners to push them to their limits and drive at excessive speeds. Some super-sport class motorcycles can easily reach speeds of 160 mph or more. The fatality rate for motorcycle accidents involving high-performance bikes is about four times the rate of conventional motorcycles. Owners of such bikes should use caution and obey the rules of the road.

Riding Under the Influence

Just like any other vehicle, operating a motorcycle under the influence of alcohol or other drugs is incredibly dangerous and irresponsible. Alcohol is a factor in about half of all motorcycle accidents involving a single bike.

Helmet Laws

Finally, one of the best things any motorcyclist can do to stay safer on the road is to wear a Department of Transportation-approved helmet. While some states do not have helmet laws in place, it’s important to consider that helmets reduce the likelihood of death or traumatic brain injury in an accident. Even if you are an inexperienced rider living in a state without helmet laws, opting to wear one might save your life. Motorcycle accidents lead to various serious or life-threatening injuries. Injured motorcycles should know their rights and their options for legal action should another driver cause an accident. If you suffer injuries and damages from a motorcycle accident, reach out to a reputable personal injury lawyer to discuss your options.

Being injured in a motorcycle accident can significantly disrupt your life. You may be faced with expensive hospital bills, motorcycle repairs, lost wages and a variety of other losses. Obtaining a fair settlement from an insurance provider can make it possible to pay off your related debts and move forward with your life. It is normal to wonder how much your motorcycle injury settlement might be worth in Texas. It is important to realize, however, that an average settlement amount does not exist.

How Much Do Motorcycle Accident Victims Typically Make?

An average motorcycle settlement is a fallacy. Every case and client is entirely unique, making it impossible to assign a single number that applies to every motorcycle accident lawsuit accurately. While online research may give you numbers such as $80,000 or $200,000, these may or may not be close to the value of your individual claim. Settlement values are determined on a case-by-case basis, according to factors that are specific to each, such as:

• The gravity of your injuries
• Your recovery timeline
• Whether you have a permanent disability or disfigurement
• The extent of your property damage
• Your income before the accident
• Your age and overall health
• The number of defendants
• The amount of insurance available

Believing that there is an average settlement could hurt your case. For example, the number you might have found as an “average” settlement could be far less than your claim is actually worth. Some accident victims have obtained several million dollars in case results. Believing that your case is only worth several thousand dollars due to an average figure could result in you accepting an unreasonably low settlement offer from an insurance company.

What Are the Parts of a Motorcycle Injury Settlement?

The best way to determine the potential value of your motorcycle injury claim is by consulting with an attorney who has experience in this practice area. It can also help to understand the basic parts of a settlement award in Texas. This can allow you to calculate an estimated case value based on your specific losses and expenses. Three main types of damages may be available:

1. Economic damages. This is the financial impact the motorcycle accident has on the victim, including medical expenses, losses of income and employment opportunities, motorcycle repairs, and legal fees.
2. Noneconomic damages. The intangible ways in which the motorcycle accident impacted the victim, such as physical pain and suffering, mental anguish, emotional distress, and reduced quality of life.
3. Punitive damages. This is an uncommon type of award granted when a defendant is guilty of gross negligence or recklessness in connection to the motorcycle accident. It is meant to punish the defendant rather than compensate the victim.

You may be able to estimate the value of your motorcycle injury settlement by adding up all of your economic damages, including future foreseeable expenses. Then, estimate your noneconomic damages by multiplying your economic damages by a number from one to five based on the severity of your injuries. This is the multiplier method, and it is commonly used by juries to calculate pain and suffering. Although this is not a guarantee of what your case is worth, it can give you an idea of your settlement potential.

How Can You Increase Your Motorcycle Injury Settlement?

Securing a fair and full amount for a motorcycle accident in Dallas can help you and your family move on after a devastating collision. You may be able to increase the value of your settlement by taking the correct steps after your collision, such as calling the police right away and going to the hospital without delay. It can also help to hire an experienced motorcycle accident attorney to negotiate with an insurance claims adjuster on your behalf. An attorney will know the tactics often used by an insurance company to avoid a large payout, as well as how to counter them.

Hiring a motorcycle accident attorney to help you with your injury case can make it easier to recover the financial compensation that you deserve. The right attorney can stand by your side throughout the legal process, answering your questions and improving your peace of mind when you need help the most. A good lawyer can also fight for the best possible case outcome using proven legal strategies. Use these tips to find the best motorcycle accident attorney for you.
 

Research Your Options

Research is your friend as an injured motorcycle accident victim. It is important to take the time to research all of the options in your city so that you feel confident in your choice. There are a few different ways to research motorcycle accident lawyers. Start by asking friends and family members who have been in similar positions and had to hire personal injury lawyers. They may have a referral that you can use to find a good fit.
If not, you can use bar associations or lawyer directories that are accessible online. You can search using trusted directories such as Avvo, Martindale-Hubbell or NOLO to identify several options in your region. You can also begin with a simple Google search. Be sure to include your practice area and your location for tailored results, such as “motorcycle accident lawyer Dallas, Texas.” Make a list of a few potential options based on the firm’s location, experience in your practice area and whether they’re accepting new clients.  Then, narrow your list down to a final two or three choices.

Schedule Free Consultations

Contact each law firm using the phone number or the website’s online consultation form, if applicable. Verify that the law firm offers a free initial consultation. If so, schedule a meeting at a time and place that works for you. If you cannot leave your home or hospital because of your motorcycle accident, find an attorney who is willing to travel to you. Schedule free consultations with multiple choices so that you can select the right one for you and your case.

Ask Questions

Prepare for your free case evaluation by creating a list of the most important questions to ask an attorney. The consultation is your opportunity to ask any questions that you might have about your motorcycle accident case, as well as how the law firm operates. Use the consultation to gain a better understanding of your legal matter as well as choose the correct attorney for your needs. Get the most out of your consultation with a lawyer by asking the following questions:

• How many years of experience do you have handling motorcycle accident cases?
• Can you handle a case involving catastrophic injuries?
• Do you have the power to go to trial, if necessary?
• Do you have a history of successful case results for former clients?
• Who is the attorney who will actually be handling my case?
• How long do you think my case will take to resolve?
• How much do you think my case is worth?
• How much are your attorney’s fees?
• Do I have to pay even if you don’t win my case?

The attorney that you choose should make you feel confident in his or her ability to handle the unique obstacles and challenges that may come with your lawsuit, such as a liability dispute or catastrophic injuries. The attorney should be honest, straightforward and forthright during your consultation. Attend multiple free consultations with different attorneys to make sure that you select the right one. In the end, trust your instincts and retain the motorcycle accident attorney that you feel is the best.
If you wish to schedule a free case evaluation at The Law Firm of Aaron A. Herbert, P.C., contact us today.

Purchasing auto insurance is an important part of being a responsible citizen in Texas. Insurance is a guarantee that you can afford to pay for any damage that you cause in a motor vehicle accident. Operating a motor vehicle, including a motorcycle, without the required insurance or proof of financial responsibility is against the law. Learn how Texas’ insurance laws work as a motorcyclist.
 

What Insurance Is Required by Motorcyclists in Texas?

Texas requires automotive insurance for all motor vehicle drivers. It requires liability insurance, which pays for others’ medical bills and property damage after a collision. All registered vehicle operators must carry at least the minimum required amounts of liability insurance to avoid penalties in Texas. This includes a rider who operates a registered motorcycle. The minimum amounts of insurance required by a motorcyclist in Texas are:

• Bodily injury liability insurance per person: $30,000
• Bodily injury liability insurance per accident: $60,000
• Property damage liability insurance: $25,000

A motorcycle operator has the option of paying extra for additional types of vehicle insurance, as well. If a motorcyclist wishes to have insurance pay for his or her own damage after an accident, for example, the motorcyclist will need to purchase collision and/or comprehensive coverage. Uninsured/underinsured motorist insurance is also available to pay for an accident with someone who does not have enough insurance to fully pay for your losses.

Are There Alternatives to Standard Motorcycle Insurance in Texas?

Texas is unique in that it allows drivers and motorcyclists to use an alternate type of proof of financial responsibility instead of traditional car insurance. You can meet Texas’ insurance requirements as a motorcyclist with a $55,000 deposit to the county comptroller or county judge, a surety bond with the county clerk with two others who own real property in Texas, or a certificate of self-insurance through the Texas Department of Transportation.

What Happens if You Get Pulled Over While Uninsured in Texas?

If a law enforcement officer pulls you over on your motorcycle while you are uninsured or underinsured, you could face a traffic ticket and a fine. The officer may also suspend your motorcycle license until you can show proof of insurance or even impound your bike. As an additional penalty, you may also be required to purchase SR-22 insurance for your motorcycle for the next few years, which is more expensive than standard insurance.

Whose Insurance Pays for a Motorcycle Crash in Texas?

Texas is a fault-based car insurance state when it comes to assigning financial responsibility for a traffic accident. This law states that the insurance provider of the individual who caused the crash is responsible for paying for related injuries and losses. If you cause a crash as a motorcyclist in Texas, your auto insurance will pay for the other party’s property damage and medical bills. If the other driver crashed into you, on the other hand, his or her insurance will pay your bills. In a no-fault state, all drivers seek compensation from their own insurance providers, regardless of fault.

What Happens if You Get Into an Accident While Uninsured?

If you are involved in a motorcycle collision in Dallas while you are uninsured or underinsured, this can cause issues during the processing of your claim. If you caused or even slightly contributed to the collision, you may be responsible for paying for part of the damage. If you don’t have insurance to cover these costs, you may have to pay out of pocket.
If you did not cause the motorcycle wreck, you can file a claim with the insurance company of the other driver. In this case, your medical expenses and property damage repairs should be covered by the other driver’s insurance. If the other driver does not have enough insurance to pay for all of your losses, however, and you are uninsured, you may have to make up the difference with your own money. If you had insurance, it would provide secondary coverage.
For additional information about insurance coverage after a motorcycle accident in Texas, consult with an attorney in Dallas.

If you file an insurance claim or personal injury lawsuit for a motorcycle accident in Texas, your case will most likely involve the legal theory of negligence. Negligence is a nuanced part of personal injury law with many related rules and requirements. If you need assistance proving or establishing negligence in your motorcycle accident case, consult with an experienced Dallas motorcycle accident lawyer.
 

What Is Negligence?

Negligence is the failure to uphold one’s duty of care, resulting in an accident or injury to others. A duty of care is a legal obligation to exercise a reasonable amount of care according to the circumstances. For example, all motor vehicle drivers have a duty to reasonably prevent collisions. In motorcycle accident law, negligence often takes the form of driver errors, such as violating a traffic law or driving carelessly. Common examples include:

• Speeding
• Driving distracted
• Driver inattention
• Driving under the influence
• Reckless driving
• Illegal turns
• Cutting off a motorcyclist
• Following too closely
• Unsafe lane changes
• Failure to yield
• Running lights and stop signs

In Texas, proving negligence is generally a requirement before you can recover financial compensation for a motorcycle accident. This is because the state uses a fault-based insurance law, where the driver or party at fault for the collision is financially responsible or liable. In a no-fault state, by contrast, all victims will seek benefits from their own insurance providers, regardless of who caused the collision.

What Are the Four Elements of Negligence?

In a motorcycle accident claim, the burden of proving negligence rests with the injured victim, known as the plaintiff. The burden of proof in the civil justice system is lesser than in the criminal justice system. It is a preponderance of the evidence, or enough clear evidence to convince a judge and jury that the defendant more likely than not is responsible for the injuries in question. The burden of proof in a criminal case, on the other hand, is proof beyond a reasonable doubt.
Having the burden of proof means that it is you or your motorcycle accident lawyer’s responsibility to establish the defendant’s negligence. This takes evidence of four elements:

1. Duty
2. Breach of duty
3. Causation
4. Damages

In essence, your lawyer must demonstrate that the defendant owed you a duty to exercise reasonable care, failed to fulfill this duty through a careless or reckless act, and caused your motorcycle wreck. If the defendant did not act in a way that a reasonable and prudent driver would in the same circumstances, and your accident would not have happened but for this negligence, the defendant will be liable. There must also be evidence to demonstrate that you suffered compensable losses in the collision.

Evidence to Prove Negligence in a Motorcycle Accident Case

Proving negligence in a motorcycle accident case will come down to the strength of your evidence. This is why it is important to call the police immediately after your motorcycle crash to obtain an official police report. You can also collect other types of evidence at the scene, such as the other driver’s information, photographs of the crash and eyewitness phone numbers. Common evidence used in a motorcycle accident lawsuit includes:

• A copy of the police report
• Citations issued by a police officer
• Videos and photographs
• Surveillance footage
• Signed eyewitness statements
• The motorcyclist’s helmet, clothing and motorcycle
• Accident reconstruction
• Expert testimony
• Medical records and documentation
• An injury journal kept by the victim

Hiring an experienced motorcycle accident lawyer can make it easier to prove your case. A lawyer can return to the scene of your motorcycle accident to collect evidence on your behalf, such as surveillance footage from nearby businesses. A lawyer will also have connections to investigators and accident reconstruction experts who can demonstrate to an insurance company how the defendant is at fault for the wreck. For more information about proving a motorcycle accident case, contact an attorney in Dallas.

Many people associate post-traumatic stress disorder (PTSD) with soldiers who have been in active war zones. Although this is a common cause of PTSD and psychological trauma, it is not the only cause. Living through any type of trauma, including automobile accidents, can result in post-traumatic stress disorder. If you are diagnosed with PTSD after a motorcycle accident, you may be entitled to list it as a damage on your insurance claim.

What Is PTSD?

PTSD is a psychiatric disorder that occurs in people who experience or witness traumatic events. This can include combat, crimes, violence, death, sexual assault, abuse, motor vehicle accidents and natural disasters. It is an anxiety problem that can cause a variety of symptoms, often first noticeable in the days after the accident. PTSD is common among survivors of serious motor vehicle accidents, including vulnerable motorcyclists.
Surviving a motorcycle crash can result in post-traumatic stress disorder due to the psychological trauma the motorcyclist endures during and after the accident. Motorcycle accidents are often catastrophic for unprotected riders. Without the protective metal shell of a typical car, the mechanics of a crash can be especially loud, abrupt and distressing for a motorcyclist. A rider can also get PTSD from the pain of the injuries suffered in the crash, as well as emotional distress due to permanent scarring, disfigurement or disability.
 

What Are the Symptoms of PTSD After a Motorcycle Accident?

PTSD after a motorcycle crash can have many psychological effects on a rider. The motorcyclist may experience sudden flashbacks of the crash or nightmares about the accident. The rider may also wish to avoid certain events and actions, such as getting back on the motorcycle. In general, the symptoms of PTSD have to do with fear and anxiety surrounding the crash and related activities. No two victims are exactly alike, however.
Common symptoms include:

• Recurring flashbacks or memories
• Intrusive thoughts about the accident
• Edginess or irritability
• Being easily startled
• Anxiety
• Being obsessed with details of the crash
• Mood swings and outbursts
• Excessive anger
• Trouble sleeping
• Nightmares
• Depression
• Emotional numbness
• Loss of interest in favorite activities, including riding
• Trouble concentrating

Treatments for PTSD often include therapy and good self-care. In most cases, the symptoms of PTSD subside on their own within one month. If they last longer than this or feel severe, talk to a doctor or psychologist for additional treatment.

Can You Seek Financial Compensation for Motorcycle Accident PTSD?

Yes, it is possible to obtain financial compensation for PTSD after a motorcycle accident in Texas. The civil justice system allows the recovery of both economic and noneconomic damages. PTSD is a type of noneconomic damage, meaning that although it did not financially impact the victim, it significantly affected his or her life. PTSD is grouped with losses such as physical pain, suffering, emotional distress, mental anguish and loss of consortium.
To prove post-traumatic stress disorder during a motorcycle accident claim, you generally need an official diagnosis from a doctor or mental health professional. See a professional as soon as you notice potential signs of PTSD after a motorcycle crash. Even without a diagnosis, you may be eligible for financial compensation for your noneconomic losses if you can prove them with evidence such as witness statements from friends and family members, mental health expert testimony, and an injury journal.
If you need assistance proving PTSD or negotiating for fair financial compensation, consult with a motorcycle accident lawyer in Dallas. A lawyer will have the legal experience and knowledge you need for a strong claim to damages. Hiring a lawyer can be especially important if you plan on pursuing compensation for emotional distress or mental health conditions, such as PTSD, as you may not have hard evidence proving these losses. Talk to an attorney today for more information.

Traumatic brain injuries, also called TBIs, are more common in motorcycle accidents than other types of automobile accidents. A motorcyclist can suffer severe damage to the brain from an impact between the skull and an external object in a crash, such as the hood of a car or asphalt. Understanding the mechanics of what happens to the brain in a motorcycle accident may be able to help you protect yourself as a motorcyclist in Dallas.

High Risk of Brain Injuries in Motorcycle Crashes

Traumatic brain injuries can occur in many different types of accidents. Some of the most common are motor vehicle collisions, falls, struck-by object incidents and acts of violence. Any incident that involves a strike, bump or blow to the head can damage the cells and tissues of the brain, causing long-term symptoms and damage.
Many different elements increase the risk of head and brain injuries in a motorcycle crash:

• No seat belt
• No airbags
• No surrounding metal frame
• No helmet (depending on the rider)

Without a seat belt available, the motorcyclist is typically ejected from the vehicle in an accident. This leaves the rider exposed to serious bodily injuries, including striking the skull against something and suffering a brain injury. Impacts to the head, or the brain jostling around inside of the skull, can cause bleeding, swelling, bruising and tearing in the brain.

About Traumatic Brain Injuries

A traumatic brain injury can describe many types of damage to the brain in a traumatic accident. For example, if the brain starts to swell, it can only expand so far within the confines of the skull. The brain may press against the inside of the skull and cause further harm in addition to original damage from the collision. Common types of TBIs in motorcycle accidents are concussions, contusions, edemas, hemorrhages and coup-contrecoup injuries.
A TBI can cause many symptoms, some of which are immediately noticeable and others that appear later:

• Feeling dazed or disoriented
• Headaches
• Dizziness
• Nausea
• Memory loss
• Cognitive challenges
• Trouble communicating
• Problems sleeping
• Changes in personality, mood or behavior

A severe brain injury can also inflict long-term problems, such as the permanent loss of motor skills, irreversible memory loss, seizures and an increased risk of dementia. Every patient is unique. The effects of a TBI after a motorcycle accident will vary according to the individual, the area of the brain that is injured and the severity of the injury.

The Importance of Wearing a Motorcycle Helmet

The best way to prevent serious and life-threatening brain injuries as a motorcyclist is by wearing a helmet. According to the Centers for Disease Control and Prevention, wearing a motorcycle helmet reduces the risk of head injury by 69 percent and the risk of death by 37 percent.
Although Texas law does not require motorcyclists over the age of 21 (with proper insurance coverage or certification) to wear helmets, it is the most effective way to avoid a life-changing TBI. A helmet provides a barrier between your skull and other objects in a motorcycle crash. The protective shell and padding can make all the difference in how severely injured you are in a collision. While you may still suffer a brain injury even with a helmet, the odds of a severe or fatal TBI are significantly reduced.

Do You Need a Motorcycle Accident Attorney?

If you or a loved one suffered a brain injury in a motorcycle accident in Dallas, consult with an attorney for assistance with the legal process. Any type of brain injury is serious enough to warrant a conversation with a personal injury lawyer.
Without hiring an attorney, you may be at risk of an insurance company taking advantage of you and offering less financial compensation than you deserve for your long-term medical needs and lost wages. A lawyer can help you negotiate with an insurance company or represent you at trial for the outcome you need.

Although most motor vehicle accidents in Texas involve two or more vehicles colliding, this is not always the case. A motorcycle may crash without ever coming into contact with another vehicle – yet the driver of the other car may still be to blame. This is what is called a no-contact motorcycle accident. It is often a difficult type of personal injury case to pursue in terms of liability.

How Do No-Contact Motorcycle Accidents Occur?

Like all types of motorcycle accidents, no-contact motorcycle accidents often come down to driver negligence. A driver is negligent if he or she does not use the appropriate level of care behind the wheel, such as failing to pay attention to the road and notice nearby motorcyclists. Drivers can cause no-contact motorcycle accidents in Dallas through many acts of negligence:

• Merging or changing lanes on top of a motorcyclist
• Drifting into the same lane as a motorcyclist
• Driving the wrong way on a one-way street
• Turning in front of an oncoming motorcyclist
• Running a red light at an intersection
• Making an unsafe passing maneuver
• Speeding and/or tailgating a motorcyclist, threatening a rear-end collision
• Other negligent or reckless acts

A no-contact motorcycle accident can cause serious injuries to the motorcyclist, including broken bones and traumatic brain damage. It is critical for an injured motorcyclist to review his or her legal options with a personal injury lawyer after a no-contact motorcycle accident, as a lawyer can help the victim pursue financial recovery for medical costs and other expenses.

Who Is Liable for a No-Contact Motorcycle Accident?

Although you may assume your insurance company will pay for your medical bills and property damage if another driver’s vehicle never came in contact with your motorcycle, this is often not the case. If a driver breaks a traffic law or otherwise drives without using the proper amount of care, and this forced you to react to avoid a collision by jerking the handlebars, running off the road or laying your motorcycle down, the driver of the motor vehicle (the phantom driver) is liable for the wreck, even if the two vehicles never touched.
After a no-contact motorcycle accident, remain at the scene and get the other driver’s information. Do not admit any fault for the accident, even if the other driver tries to blame you since his or her vehicle never actually touched your motorcycle. Remain calm and call the police to obtain an official police report. Go to a hospital in Dallas immediately. Then, call the at-fault driver’s insurance company to file a claim.

What If the Phantom Driver Does Not Stop?

Unfortunately, it can be difficult to hold someone else responsible for a no-contact motorcycle accident in Dallas, as many drivers do not notice when they cause these accidents. If the negligent driver never noticed you in his or her blind spot, for example, the driver might not have seen you react to a dangerous situation and run off the side of the road. The driver may continue driving, leaving no information for you to hold the driver financially responsible.
If the phantom driver fails to stop after you crash, call the police. The police can help you gather any available evidence, such as surveillance footage of the accident from nearby businesses or signed statements from eyewitnesses. The information collected during an investigation may be enough to identify and locate the at-fault driver. If this is possible, that driver’s auto insurance company will be liable for your financial damages.
If, however, the police cannot identify the phantom driver, you may need to rely on your own auto insurance policy for coverage. Your insurance company should pay for your medical bills and motorcycle damage if you have uninsured motorist coverage, as well as collision or comprehensive insurance. It may also be possible to hold a third party liable, such as the government entity that designed the roadway or intersection.
Consult with a motorcycle accident lawyer as soon as possible after a no-contact crash for legal assistance with this complicated type of claim.

Motorcycles are fun vehicles for many Americans, but it is essential to acknowledge the inherent dangers of riding motorcycles and the risks of an accident. A motorcyclist has very little protection in the event of an accident, and some of the most common types of motorcycle accidents are avoidable with appropriate precautions. When a negligent driver causes a motorcycle accident in Texas, a motorcycle accident attorney in Dallas can help an injured victim recover his or her losses with a personal injury lawsuit.

Evade Left-Hand Turn Accidents

Cars turning left present one of the biggest hazards for motorcyclists. A driver may not see an oncoming motorcycle due to the bike’s small size and make a left turn directly in the path of a motorcycle in the opposite lane. Motorcyclists can avoid these accidents with vigilance and safe driving. If a collision is imminent, reducing speed as quickly as possible is the best way to limit injuries and damage.

Blind Corner Accidents

Motorcycles are incredibly maneuverable, and riders need to use this to their advantage when it comes to safety. When rounding a blind corner, reduce speed and be ready to react to changing road conditions. Hitting a patch of gravel or sand around a blind corner can easily lead to a wipeout. Riders should stay at safe speeds to maximize their available reaction time to dodge hazards around blind corners.

Lane-Change Accidents

Some drivers may overlook motorcyclists in their blind spots and inadvertently change lanes directly into a rider’s lane. The motorcyclist needs to account for other drivers’ blind spots and avoid lingering in them for too long. Staying vigilant and maintaining safe speeds are the best ways to avoid collisions from drivers who fail to look before changing lanes.

Rear-End Collisions

These accidents may only be minor fender-benders for enclosed passenger cars but they can be fatal for motorcyclists. If you are riding a motorcycle and stop at an intersection behind other cars, you can actually use those vehicles as a cushion against a driver who could rear-end you from behind. Pull ahead of a stopped driver in front of you and wave to indicate that you need to do so for safety reasons. This greatly reduces the chances of another driver rear-ending your bike.

Front Brake Lock-Ups

Misusing the front brake of a motorcycle can easily lead to a serious accident, and many riders can minimize the chances of such accidents simply by learning to appropriately use their front brakes or by purchasing motorcycles with antilock braking systems. It’s vital to learn how to reduce braking distance with the front brake without the rear tire lifting too high off the ground, and practice is the best option.

Inclement Weather and Slippery Road Conditions

Tires are the most important factor when it comes to avoiding accidents from slippery road surfaces. Make sure your motorcycle has appropriate tires for the surfaces on which you intend to drive. For example, you don’t want to take track rubber tires on highway. Improper tires can cause severe problems for motorcyclists. It’s also crucial to stay vigilant for other risks like wet manhole covers, gas and oil deposits on the road, and debris.

Alcohol-Related Crashes

More than 40% of fatal single-vehicle crashes involving motorcycles happen due to alcohol consumption. The best way to avoid this risk is by simply refraining from drinking and driving. Alcohol severely impacts driving ability, and a motorcyclist faces a much higher risk than a driver of a passenger vehicle in an alcohol-related accident. Driving under the influence not only leads to fatal accidents, it can also cause severe injuries as well as a host of legal penalties including fines, jail time, and loss of driving privileges.
When motorcycle accidents happen in Texas, a motorcycle accident attorney in Dallas can help an injured victim determine his or her best options for legal recourse. However, by implementing a few best practices, riding at reasonable speeds, and staying vigilant for changing traffic conditions, motorcyclists can avoid many of the most common motorcycle accidents seen on the road.